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A/HRC/18/47 General Assembly United Nations A/HRC/18/47 General Assembly Distr.: General 21 September 2011 Original: English Human Rights Council Eighteenth session Agenda item 10 Technical assistance and capacity-building Role and achievements of the Office of the United Nations High Commissioner for Human Rights in assisting the Government and people of Cambodia in the promotion and protection of human rights* Report of the Secretary-General Summary The present report is submitted pursuant to Human Rights Council resolution 15/20, in which the Council requested the Secretary-General to report to Council at its eighteenth session on the role and achievements of the Office of the High Commissioner for Human Rights in assisting the Government and people of Cambodia in the promotion and protection of human rights. * Late submission. GE.11-16248 A/HRC/18/47 Contents Paragraphs Page I. Introduction............................................................................................................. 1–7 3 II. Support to prison reform ......................................................................................... 8–18 4 III. Fundamental freedoms and civil society................................................................. 19–29 7 IV. Land and housing rights .......................................................................................... 30–42 9 V. Rule of law.............................................................................................................. 43–51 12 VI. Public information and human rights education...................................................... 52–57 14 VII. Assistance on reporting and follow-up under the human rights treaty bodies and the universal periodic review .................................................................................. 58–60 15 VIII. Staffing and administration ..................................................................................... 61–62 16 2 A/HRC/18/47 I. Introduction 1. The present report is submitted pursuant to Human Rights Council resolution 15/20. It describes the activities of the Office of the United Nations High Commissioner for Human Rights (OHCHR) in Cambodia during the period from July 2010 to June 2011. 2. During this period, the OHCHR programme of cooperation with the Government, civil society and the development community continued to focus on four priority areas: support to prison reform; the protection of fundamental freedoms and development of civil society; the protection of rights related to land and housing; and support for legal and judicial reform. A fifth area was added with the launch, in August 2010, of the OHCHR programme on promoting the legacy of the Extraordinary Chambers in the Courts of Cambodia (ECCC). 3. In pursuing the programme of cooperation, OHCHR continued to work with government partners in a spirit of constructive dialogue. As the activities reflected in the present report demonstrate, OHCHR has proven to be a sound source of technical expertise on human rights issues that continue to pose some of the most difficult challenges faced by Cambodia. The resolution of these issues will contribute to the country’s development, and the sustainability of its social and economic development. The Secretary General remains convinced that OHCHR in Cambodia can continue to make a significant and valuable contribution beyond the term of its current mandate. 4. The Government’s interaction with the United Nations human rights mechanisms continues to be of a high level. The Special Rapporteur on the situation of human rights in Cambodia undertook two missions to the country during the reporting period and has stated that he continues to enjoy frank, cordial and productive relations with the Government. The reporting of Cambodia to the treaty-based bodies is now almost entirely up to date, and the Government has sought advice from OHCHR in preparing for its dialogues with the treaty bodies in Geneva. The State’s high human rights treaty ratification rate continued to grow with the coming into force of the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women in January 2011 – noteworthy, as it is the first individual complaints mechanism accepted by the country. Finally, the laudable acceptance by Cambodia of all 91 universal periodic review recommendations has been followed by a proactive government attitude to implementation, a process in which OHCHR is closely involved. 5. The legal and institutional framework of Cambodia has further developed, in some cases strengthening human rights protection, in others not. An ambitious legislative agenda includes draft laws on police, trade unions, acid attacks, associations and non-governmental organizations (NGOs) and other areas. Some of these draft laws raise concerns in terms of compliance with international standards. The Government is working to establish a national policy on legal aid, and the fundamental laws on the judiciary, pending since 1993, appear to be moving forward. The Government has shown an openness to OHCHR and United Nations input on these initiatives, which, if accepted, would serve to strengthen human rights protection generally. Other positive developments in the reporting period include several milestones at the ECCC. The first verdict of the Tribunal was rendered in July 2010 and is now the subject of the first appeal to the Supreme Court Chamber. The Tribunal marked a second milestone with the opening of the trial in case 002 in January 2011. OHCHR welcomes these and other positive developments in Cambodia and remains committed to supporting the Government in implementing these legislative and policy advancements. 3 A/HRC/18/47 6. The human rights situation in Cambodia however remains uneven, and in some quarters is clearly regressing. The Government’s sensitivity to criticism, in particular on human rights issues, stifled debate on issues of national importance. In line with its mandate, OHCHR has long maintained an approach of raising human rights concerns directly with duty bearers, with a view to preventing violations and seeking resolutions to often complex situations. In its approach, OHCHR has built strong partnerships with many parts of Government. In the relatively few cases where such dialogue is deemed exhausted or proves ineffective, there may be a need to raise matters publicly. Such public advocacy is an integral part of the mandate of the High Commissioner for Human Rights. In recent years, however, authorities in Cambodia have reacted strongly and negatively to individuals and institutions raising these challenges publicly, including the United Nations and donors. In the case of OHCHR, the Government’s reaction to comments by the High Commissioner’s Representative on matters of serious human rights concern during the reporting period resulted in difficulties in cooperation, although a significant degree of cooperation had resumed at the time of writing. 7. In addition to freedom of expression, OHCHR has monitored disputes related to land across Cambodia. Such disputes, the incidence of which appears to be increasing, remain one of the principal sources of concern for the Government and large parts of the population, and represent a major human rights challenge in the country. During the reporting period, there were numerous occasions where affected communities, land activists and human rights defenders voiced their concern over chronic land disputes through public protest, demonstrating discontent with the current methods and mechanisms available for resolving land disputes. II. Support to prison reform 8. OHCHR has continued working collaboratively with the General Department of Prison (GDP), the Ministry of Interior and its other partners in the Government, development agencies and NGOs, to support prison reform in Cambodia. Support was provided in the areas of legal reform, training of prison personnel, prison monitoring and improving prison conditions and prisoners’ treatment, with a focus on water and sanitation. 9 A revised draft law on prisons was shared with OHCHR by the Ministry of Interior at the end of 2010; the draft appeared to have taken into consideration some of the comments previously provided by OHCHR, including attention to the specific needs of women and juveniles, though other draft provisions still fell short of international human rights standards, such as the absence of a clear framework governing the use of force in prison (i.e. limited to situations where it was strictly necessary, and proportionate to the situation). GDP invited OHCHR to continue to provide legal advice upon the future adoption of the law on prisons, for the review of secondary legislation and prison procedures, in line with the future law and international human rights standards. These, for instance, include the new United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders, adopted by the General Assembly in December 2010. The female prison population has been growing at a faster rate than the overall prison population in Cambodia, and while accommodation separate from men is provided in all prisons, the specific needs of women and girls in prison remain to be adequately addressed. 10. In consultation with the Ministry, OHCHR developed proposals for a revised Royal Decree on the Separate Status of Prison Staff. The current Royal Decree provides that prison officers are recruited in the second-lowest civil servant category and does not provide for any
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